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Avenue Of Americas, Llc v. Terra Shoes, Llc F/K/A Earth Inc., Earth Opco Llc, Windsong Global Llc
A Commercial - Contract case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) in the jurisdiction of New York County. Judge Gerald Lebovits presiding.
Case Details
Case Number
Filing Date
April 20, 2023
Last Refreshed
January 25, 2024
Filing Location
New York County, NY
Category
Commercial - Contract
Practice Area
Commercial
Matter Type
Breach of Contract
Status
Judgment (Other)
Overview
A. The Lease
Plaintiff is the owner of the Premises and leased the use of the Premises to Tenant,
pursuant to the Lease between Landlord and Tenant.
Pursuant to Article 1.04 of the Original Lease, as amended by Article 1 of the First
Amendment, Tenant covenanted to pay Plaintiff for the period commencing December 15, 2017
through and including June 30, 2024, “rents” for the Premises which consist of fixed rent and
additional rent, including the electricity factor.
Pursuant to Article 2 of the First Amendment, such fixed rent collectively includes
the fixed rent for the Premises in the amount of:
Causes of Action
FACTS COMMON TO ALL CAUSES OF ACTION
1. For Breach of Contract as against Tenant
2. For Breach of Contract – As Against Guarantor
3. Breach of Contract – As Against Windsong Global LLC
4. Attorneys’ Fees – As Against All Defendants
Case Complaint Summary
Avenue of Americas, LLC (and f/k/a Earth, Inc.) v. Earth OpCo LLC and Windsong Global LLC complaint alleges the following:
1. This is a breach of contract action.
2. Plaintiff is suing Defendants Earth OpCo LLC and Windsong Glo…...
Parties
Plaintiffs
Avenue Of Americas, Llc
Attorneys for Plaintiffs
Shore, Richard Jay
Defendants
Earth Opco Llc
Terra Shoes, Llc F K A Earth Inc.
Windsong Global Llc
Case Documents
JUDGMENT - MONEY
Date: Nov 09, 2023
JUDGMENT -TO COUNTY CLERK (PROPOSED) Corrected
Date: Oct 03, 2023
BILL OF COSTS (PROPOSED) Corrected
Date: Oct 03, 2023
NOTICE OF ENTRY (Motion 001)
Date: Oct 02, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion 001)
Date: Oct 02, 2023
NOTICE OF ENTRY (Motion 001)
Date: Sep 29, 2023
DECISION ORDER ON MOTION
Date: Sep 21, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Aug 03, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Jul 21, 2023
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 001)
Date: Jul 14, 2023
RJI -RE: NOTICE OF MOTION
Date: Jul 14, 2023
MEMORANDUM OF LAW IN SUPPORT (Motion 001)
Date: Jul 14, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Jul 14, 2023
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 001)
Date: Jul 14, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Jul 14, 2023
EXHIBIT(S) - B (Motion 001)
Date: Jul 14, 2023
EXHIBIT(S) - A (Motion 001)
Date: Jul 14, 2023
EXHIBIT(S) - C (Motion 001)
Date: Jul 14, 2023
NOTICE OF MOTION (Motion 001)
Date: Jul 14, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: May 31, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: May 01, 2023
EXHIBIT(S) - A
Date: Apr 20, 2023
EXHIBIT(S) - B
Date: Apr 20, 2023
EXHIBIT(S) - C
Date: Apr 20, 2023
SUMMONS COMPLAINT
Date: Apr 20, 2023Case Events
| Date | Type | Description | |
|---|---|---|---|
| November 09, 2023 | JUDGMENT - MONEY entered in the office of the County Clerk on November 09, 2023 | ||
| October 03, 2023 |
JUDGMENT -TO COUNTY CLERK (PROPOSED) *Corrected* Proposed Judgment to County Clerk |
||
| October 03, 2023 |
BILL OF COSTS (PROPOSED) *Corrected* Proposed Bill of Costs |
||
| October 02, 2023 |
NOTICE OF ENTRY (Motion #001) Amended Notice of Entry of September 21, 2023 Decision and Order |
||
| October 02, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001) Affidavit of Service of Notice of Entry |
||
| September 29, 2023 |
NOTICE OF ENTRY (Motion #001) Notice of Entry of Decision and Order on Motion |
||
| September 21, 2023 | DECISION + ORDER ON MOTION | ||
| August 03, 2023 | AFFIRMATION/AFFIDAVIT OF SERVICE | ||
| July 21, 2023 | AFFIRMATION/AFFIDAVIT OF SERVICE | ||
| July 14, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #001) Affidavit of Facts in support of Motion for Default |
||
| July 14, 2023 | RJI -RE: NOTICE OF MOTION | ||
| July 14, 2023 |
MEMORANDUM OF LAW IN SUPPORT (Motion #001) Memorandum of Law in support of Motion for Default |
||
| July 14, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Certificate of Compliance with LLC Law Sect. 304 (Norwood) |
||
| July 14, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #001) Attorney Affirmation in support of Motion for Default |
||
| July 14, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Certificate of Compliance with LLC Law Sect. 304 (Waltham) |
||
| July 14, 2023 |
EXHIBIT(S) - B (Motion #001) Ex B to Affidavit of Facts |
||
| July 14, 2023 |
EXHIBIT(S) - A (Motion #001) Ex A to Affidavit of Facts |
||
| July 14, 2023 |
EXHIBIT(S) - C (Motion #001) Ex C to Affidavit of Facts |
||
| July 14, 2023 |
NOTICE OF MOTION (Motion #001) Notice of Motion for Default Judgment |
||
| May 31, 2023 | AFFIRMATION/AFFIDAVIT OF SERVICE | ||
| May 01, 2023 | AFFIRMATION/AFFIDAVIT OF SERVICE | ||
| April 20, 2023 |
EXHIBIT(S) - A Ex A - Lease |
||
| April 20, 2023 |
EXHIBIT(S) - B Ex B - Lease Amendment |
||
| April 20, 2023 |
EXHIBIT(S) - C Ex C - Guaranty |
||
| April 20, 2023 |
SUMMONS + COMPLAINT Summons and Complaint |
